The defence lawyers on Wednesday opposed the arraignment and prosecution of businessman Jimi Wanjigi.
The lawyers said the prosecution violated the orders issued by the High court.
Wanjigi, who is being represented by five lawyers led by Willis Otieno, told Milimani Senior Principal Magistrate Bernard Ochoi that the purported charge sheet against his client was registered on Tuesday and no summons had been issued to any police station on the same.
"It is irregular for the state to apply for the warrant without summons," the lawyer argued.
This application came after the Director of Public Prosecutions, through state counsel Eveline Onuga, said they were ready to charge Wanjigi, having been brought to court through a warrant of arrest.
Onuga, however, sought to have the charge sheet substituted.
While opposing his prosecution, Otieno argued that the accused was brought in court by police, violating the orders issued by the High Court on January 18 and directed at the IG and his officers and the DPP.
"The order is to the effect which restrained the first and second respondents from instituting, arresting, registering and or continuing any criminal charge or charges against Wanjigi", he told the court.
Otieno said it is to an extent an abuse of office to purport to arrest, arraign and charge the accused.
He asked the court to release the presidential aspirant so that he could continue with his campaign ahead of the August 9 elections.
Onuga has, however, asked the court to give her more time to verify the High Court order, saying it was served in the morning after she had left office.
The case is coming up for mention at 1 pm.
Edited by Mercy Asamba
